Publications

- Vol. I, No. 4 (May 18, 2008)

Contribution by Rex R. Schultze
- The Performance Criteria Developer -- The Owner's "Super Hero" for the Design-Build Construction Delivery Process under the New Political Subdivisions Construction Alternatives Act
The 2008 Nebraska Unicameral enacted LB 889 which extends the "Nebraska Schools Construction Alternatives Act" making two new capital construction delivery methods, namely design-build and construction management at risk generally available to cities, villages, counties, school districts, community colleges, or state colleges in Nebraska for capital construction projects. The act has been renamed and is now titled as the "Political Subdivisions Construction Alternatives Act" (the "Act"). The construction industry is elated with this new Act and public officials are about to be flooded with information and proposals from the contractors point of view. While seemingly complicated, when done properly these new methods do have great potential for bringing a quality project in under budget on an accelerated completion schedule. It will thus be important that all public officials draw on the schools experiences so as to fully understand these new methods and their potential pitfalls from the owners' perspective.
This article will focus on the design-build method and process prescribed in the new Act, and particularly on the special role of the Performance Criteria Developer to be retained by the political subdivision pursuing a project under the Act.
- The Performance Criteria Developer -- The Owner's "Super Hero" for the Design-Build Construction Delivery Process under the New Political Subdivisions Construction Alternatives Act
- Vol. I, No. 3 (January 8, 2008)
Contribution by Janis Winterhof
- Orphaned and Transferred Contracts in 403(b) Plans
In July of 2007, the Internal Revenue Service (the "IRS") published final regulations under Section 403(b) of the Internal Revenue Code (the "Code"). Under the final regulations, school districts may bear responsibility for contracts issued to its employees by vendors with whom the school district has no current relationship. This may occur because the school district discontinued the vendor as one receiving contributions from the plan ("orphaned contracts") or a participant transferred his or her contract from an approved vendor to another vendor pursuant to a contract exchange ("transferred contracts").
- Orphaned and Transferred Contracts in 403(b) Plans
- Vol. I, No. 2 (January 5, 2008)
Contribution by Jeff Kirkpatrick
- Professional Practices Complaints
One of the less comfortable aspects of being a well-paid professional is knowing that, at any time, a professional complaint can be filed against you, raising the specter of public embarrassment or even loss of your professional certification and your job. Regardless of whether a complaint has any basis in fact or professional ethics, professionals should treat each complaint seriously. This edition covers the PPC complaint procedure, the investigation process, and what you can do to protect yourself.
- Professional Practices Complaints
- Vol. I, No. 1 (November 1, 2007)
Contributions by Greg Perry and Kelley Baker
- Compliance with the New Hire Reporting Act
The law was adopted 10 years ago. It requires that a report on newly hired and rehired employees be given to the Nebraska State Directory of New Hires within 20 calendar days of new hire or rehire. Why do we have a New Hire Reporting Act? What can happen if we do not meet the reporting obligation?
- Changes in the State Withholding Tables
Effective January 1, 2008 - Schools will need to pay attention to this new law given a $1,000 penalty per violation provision
- Compliance with the New Hire Reporting Act



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